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Eurofound's COVID-19 EU PolicyWatch collates information on the responses of government and social partners to the crisis, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.

Factsheet for case PT-2020-22/1228 Updated – measures in Portugal

Telework and workers with disability or impairment - exceptional and temporary measure

Teletrabalho e trabalhadores/as com deficiência ou incapacidade - medida excecional e temporária no contexto da pandemia COVID-19

Country Portugal , applies nationwide
Time period Temporary, 29 May 2020 – 31 December 2021
Type Other initiatives or policies
Category Protection of workers, adaptation of workplace
– Teleworking arrangements, remote working
Author Paula Carrilho and Heloísa Perista (CESIS)
Case created 02 October 2020 (updated 01 June 2021)

Background information

Following the declaration of the state of emergency related to the COVID-19 pandemic on 18 March 2020 (Decree Law 2-A/2020 of 20 March), and subsequent lockdown, the adoption of telework, regardless of the employment relationship and whenever the functions concerned would allow it, became mandatory.

The Resolution of the Council of Ministers 40-A/2020 of 29 May gives continuity to the lifting of lockdown process initiated on 30 April 2020, establishing that telework is mandatory in some specific situations.

From 11 September 2020 onwards, the Resolution of the Council of Ministers 70-A/2020 is in place, maintaining the previous regulations in what regards telework, and the specific situation of workers with disability or impairment.

Content of measure

The Resolution of the Council of Ministers 70-A/2020 of 11 September maintains the previous specific regulations established primarily by the Resolution of Council of Ministers 40-A/2020 of 29 May in what regards telework, and the specific situation of workers with disability or impairment. Telework is mandatory only when requested by the workers, regardless of the employment relationship and whenever the functions would allow it, especially in the following cases: a) those who have specific health conditions - hypertensive, diabetics, cardiovascular patients, patients with chronic respiratory disease, cancer patients and patients with renal failure (according to article 25-A of Decree-Law 10-A/2020 of 13 March, in its current wording); b) workers with disability or impairment – with 60% or more level of incapacity; and c) when workplaces or organisation of work do not ensure safety.

Updates

The following updates to this measure have been made after it came into effect.

27 May 2021

The Decree no. 25-A/2021 of 30 March 2021 prolongs until 31 December 2021 the provisions of Decree 79 -A/2020 of 1 October 2020 concerning compulsory teleworking (as well as staggered clock-in and clock-out times).

Use of measure

Not evaluated yet.

Target groups

Workers Businesses Citizens
The COVID-19 risk group at the workplace
Disabled workers
Applies to all businesses Does not apply to citizens

Actors and funding

Actors Funding
National government
Company / Companies
No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role Consulted Consulted
Form Consultation through tripartite or bipartite social dialogue bodies Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

  • Unknown
  • Main level of involvement: Peak or cross-sectoral level

Involvement

Trade Union and employer confederations were consulted at the Standing Committee for Social Concertation.

Views and reactions

Views are unknown.

Sources

  • 13 March 2020: Decreto-Lei n.º 10-A/2020 , Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13   Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13
  • 20 March 2020: Decree-law 2-A/2020 (dre.pt)
  • 29 May 2020: Resolução do Conselho de Ministros n.º 40-A/2020 (data.dre.pt)
  • 11 September 2020: Resolução de Conselho de Ministros n.º 70-A/2020 de 11 de Setembro (dre.pt)
  • 01 October 2020: Decreto-Lei n.º 79-A/2020 (data.dre.pt)
  • 30 March 2021: Decreto-Lei n.º 25-A/2021 (dre.pt)

Citation

Eurofound (2020), Telework and workers with disability or impairment - exceptional and temporary measure, case PT-2020-22/1228 (measures in Portugal), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch

Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.